While the country is busy debating veteran unemployment, disability back-logs, and re-integration issues, let's not ignore currently deployed military Reservists and National Guardsmen with a full-time job waiting for them at home - well, at least it was there when they left.

With a shrinking defense budget and a still uncertain economy, returning civilian-soldiers may find a pink slip waiting for them because of current downsizing and corporate cost-saving initiatives.

Unfortunately, this is legal.

One may think that they are protected because of The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 because according to Wikipedia:

USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute by protecting civilian job rights and benefits for veterans, members of reserve components, and even individuals activated by the President of the United States to provide Federal Response for National Emergencies. USERRA also makes major improvements in protecting service member rights and benefits by clarifying the law, improving enforcement mechanisms, and adding Federal Government employees to those employees already eligible to receive U.S. Department of Labor assistance in processing claims of noncompliance.

However, according to a recent decision in December of 2012 from the United States Court of Appeals for the Eighth Circuit in Milhauser v. Minco Prods. Inc., No. 12-1756 (8th Cir. Dec. 5, 2012) - link here, returning military Reservists or Guardsmen are not necessarily entitled to their job according to USERRA because if a veteran would have been terminated even if he/she were never deployed, the layoff is completely justifiable, and legal. They call this the "escalator principle".

With companies looking to trim staff to help their bottom lines, I predict that this will be a very unfortunate loop-hole that companies will take advantage of. I know many companies, like Intel, promote that they honor their commitment to Guard and Reserve employees. This should continue. However, I also know of other companies that are looking for reasons to not hire veterans because of the veteran's part-time military obligations. I suspect that some companies find that part-time solider/employees are liabilities because of the cost of maintaining entitlements such as payroll taxes, health benefits and retirement contributions (just Google, "USERRA Lawsuit"). It's wrong, but it's a reality.

This case may have just given them the ammo to not only avoid veteran hiring, but also the ability to lay off current soldier/civilians.